Your employer indicates that you are temporarily off work, but your employment continues. You wonder: is this allowed and what does this mean for my salary and rights? It is important to know where you stand legally. In some situations, a suspension or suspension is allowed, but clear rules apply. Moreover, it is often a preliminary stage of dismissal. Read on or call directly for advice from our employment lawyer.

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What is an unsecured clause?
When is a non-compete clause valid?
When does non-compete clause expire?
Non-competition clause in a temporary contract
Competition clause as self-employed
Non-competition clause in case of dismissal
Circumventing a non-compete clause: is this possible and allowed?
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Frequently asked questions about the non-compete clause

What is non-action?

A suspension means that your employer temporarily releases you from work while your employment continues. You no longer have to work, but remain employed and, in principle, retain your right to salary.

This measure is often used in a conflict, an investigation or doubts about your performance. The aim is usually to create calm in the workplace or assess a situation.

A suspension is not allowed just like that. Your employer must have a good reason for it and act carefully.

Reasons for suspension

  • A labour dispute to be resolved first.
  • An internal investigation, for example in cases of suspected fraud or cross-border behaviour.
  • Doubts about your performance.
  • A disrupted working relationship.
  • A situation where your presence in the workplace is not desirable.

What is a suspension?

A suspension is a measure that temporarily prohibits you from working, usually because of a (perceived) serious situation. Unlike a suspension, a suspension is often disciplinary in nature. Your employer deploys this measure, for example, in case of suspected misconduct or if the situation in the workplace requires immediate action.

Even with a suspension, your employer must be able to justify it properly and act with care.

Reasons for suspension

  • Suspicion of fraud or theft.
  • Seriously culpable behaviour.
  • Cross-border behaviour in the workplace.
  • Violating company rules...
  • Situations where immediate intervention is necessary.

The difference lies mainly in the reason and severity of the measure. A suspension is usually used to create calm, for instance in the event of a conflict or investigation. A suspension is more often of a disciplinary nature and is applied in case of (allegedly) serious behaviour. In both cases, you do not have to work temporarily, but your employment continues. However, your employer must be able to properly justify the measure and apply it carefully.

Are you entitled to salary when suspended or suspended?

Since 1 January 2020, the main rule is: no work, still pay, unless the non-work is for the employee's account and risk. In the case of a suspension or suspension, the cause of not working usually lies with the employer. This is because you cannot perform your work due to a decision of your employer. In that case, your right to salary basically remains as usual.

Case law has confirmed that a suspension or suspension is usually at the employer's expense. Thus, your employer cannot unilaterally evade the employment contract by sending you home without paying wages.

Non-suspension or suspension and holidays: what about it?

During a suspension or suspension, you basically accrue holidays as normal. After all, your employment continues and you remain entitled to your terms and conditions of employment. Days off may not be deducted simply because you are not working. Your employer can only write them off if you consent or clear agreements have been made about this.

Note: in practice, attempts are sometimes made to offset holidays. Always have this properly assessed as this is not allowed just like that.

What should you do if you are suspended or suspended?

Are you facing a suspension or suspension? Then it is important to act carefully right away:

1. Make objection and confirm in writing

Let your employer know that you do not agree to the measure. Clearly state that you remain available for work and that you assume continued payment of your salary and working conditions. This will avoid discussion afterwards.

2. Do not sign a settlement agreement

In many situations, a dismissal proposal in the form of a settlement agreement. A settlement agreement, however, is often the best way to carefully terminate an employment contract, especially if you have your WW entitlement and want to secure agreements properly. Still, it is not wise to sign immediately. First get an assessment of what has been legally recorded and what the consequences are for your unemployment benefit, compensation and further legal status.

3. Get your situation legally assessed

A suspension or suspension is often the beginning of a dismissal process. This is precisely why it is important to know where you stand. In many cases, more is possible than you think, such as a better settlement or securing your benefits.

Get advice from our employment lawyer

A non-suspension or suspension often raises many questions. Is it allowed? Are you entitled to wages? And is this the beginning of dismissal? Our employment lawyer will look at your situation with you and assess it.

Consultation

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We assess whether your employer is acting correctly and advise you on the best next steps.

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I am Robin Sieverdink, employment law lawyer specialising in dismissal cases and settlement agreements. As an employment lawyer, I help employees facing suspension, suspension or dismissal on a daily basis.

In this kind of situation, it is important to know where you stand legally and what steps are wise. I look not only at the rules, but especially at what this means concretely for your income, your rights and your negotiating position.

Would you like more information and advice on your non-action or suspension? Call or WhatsApp via +(31) 085-08 054 82 or send an e-mail to info@legalworx.nl.

  • My initial advice is free

  • 15+ years of experience in dismissal cases

  • 4.9 rating in Google Reviews

Frequently asked questions on suspensions and suspensions

No, this is not allowed. Your employer must have a good reason for this and act carefully. In addition, the measure must be proportionate and fit within good employment practices.

There is no fixed maximum duration for a suspension. However, it must be temporary and last no longer than necessary. Your employer must actively work towards a solution, such as completing an investigation or repairing a labour dispute.

In some cases, additional rules are included in a collective agreement or employment contract. These may, for example, state the maximum duration of a suspension or the conditions under which it is applied. Does the suspension last unnecessarily long or does it lack a clear reason? If so, it may be contrary to good employment practice and legally challenged.

There is also no fixed legal term for a suspension. However, the duration must be proportionate to the reason, such as an investigation or a serious situation in the workplace. In addition, the duration of a suspension can be regulated in a collective agreement or employment contract. Employers must abide by these agreements.

A long-term suspension without clear justification or progress is often not allowed. In this case, the measure can be legally challenged.

Yes, you can. If you are actually sick, the normal rules around illness apply. However, it is important to report it correctly and follow any medical supervision.

Yes, you can and it is wise to do so immediately. Let us know in writing that you disagree with the action and that you remain available to work. This will prevent discussion about your right to salary and establish that you are acting correctly. In some cases, an objection can also lead to the removal or modification of the measure.

No, that is not always the case. However, in practice, it is often a preliminary stage of dismissal. Employers regularly use a suspension or non-action order to build up a file or to work towards a termination of employment. This is often followed by a proposal for a settlement agreement. It is therefore important to seek timely advice so that you are stronger in any negotiations.

In most cases, not just like that. This is because your employment contract continues and you must remain available to your employer. If you accept another job without consultation, this could affect your current employment or even lead to culpable behaviour.

Do you still want to start somewhere else? Then let us first assess what is possible in your situation and what arrangements you can make.

Exempt from work means that you do not have to do any work temporarily, while your employment continues. You basically retain your right to salary and other terms and conditions of employment.

Not quite. Release from work is often done by mutual agreement, for example during the notice period. A suspension of work is usually imposed unilaterally by the employer.